Understanding the Implications of Section 69 under Bhartiya Nyaya Sanhita 2023: False Promise to Marry as a New Offence

Whoever, by deceitful means or by making promise to marry a woman without any intention of fulfilling the same, and has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

Explanation: “deceitful means” shall include the false promise of employment or promotion, inducement or marring after suppressing identity.

This section seeks to provide that whoever by deceitful means or making by promise to marry a woman without any intention to fulfilling the same , and has sexual intercourse with her ,such sexual intercourse not amounting to offence of rape ,shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

With the increasing crime rate against women, cases of boyfriends having physical intercourse with their partners under false promises of marriage and then denying to marry them have been circulating every day in the news. Several precautions have been taken to stop these crimes. For instance, the Uttarakhand Government has implemented the UCC, which includes the registration of live-in relationships.

For a crime-free state, the government has been taking significant initiatives, such as rigorous imprisonment for up to 20 years for raping a minor girl or which may extend to life imprisonment under section 65(2) BNSS .

The offense of making false promises of marriage to induce sexual intercourse can indeed be seen as disproportionately affecting men, as women are often considered the protected class in such cases. This can lead to concerns about gender bias and unequal treatment under the law.

It was noted in Uday v the State of Karnataka that such cases require a subjective analysis to do complete justice which would lay bare germane facts like the communication between the parties, the number and frequency of sexual encounters, a historical analysis of their relationship and more. Evidently, the section violates peoples’ right to privacy under Article 21, an inevitable repercussion of adjudging matters of sexual offences, but the said violation is more threatening considering the taboo live-in relationships and pre-marital relations are, owing to which, the parties may face the threat of persecution, eviction, dismissal from jobs and in adverse cases, the threat of violence. Thus, the section violates and undermines peoples’ fundamental rights under Articles 14, 19 and 21.

In recent years, there has been a growing debate about the need for gender-neutral laws that protect both men and women from exploitation and abuse. Some argue that existing laws and policies often perpetuate gender stereotypes and reinforce harmful power dynamics, rather than promoting true equality and justice.

To address these concerns, some jurisdictions have begun to revise their laws and policies to make them more gender-neutral and inclusive. For example, some countries have introduced laws that specifically protect men from false accusations and exploitation, while others have implemented policies aimed at promoting greater awareness and understanding of men's issues.

Ultimately, the goal should be to create a legal system that is fair, equitable, and just for all individuals, regardless of their gender or circumstances. By acknowledging the complexities and nuances of these issues, we can work towards creating a more inclusive and compassionate society that protects the rights and dignity of all individuals.